Highway Grading Contractors purchased a newback hoefrom Construction Equipment Company, a firm that specialized in the sale of large, earth moving equipment. In the six months following delivery, theback hoeexperienced numerous breakdowns, both major and minor. The equipment was out of service on 12 occasions, usually for minor problems, such as parts breakage. On six occasions, the breakdown was serious and required major parts replacement, causing theback hoeto be out of service for several days.All ofthe repair work was done under warranty by the manufacturer's dealer, at no cost to Highway Grading Contractors. At the end of the six months, on the 13th breakdown, Highway Grading Contractors left theback hoewith the dealer and demanded that the purchase price be returned. Construction Equipment Company Ltd. refused, and Highway Grading Contractors decided to take legal action against the seller for a return of the purchase price.

Indicate the nature of the claim of Highway Grading Contractors and thedefences(if any) of Construction. Equipment Company. Render a decision.